was a grievance which had already filled New Hampshire, Connecticut, New Jersey, Delaware, and North Carolina, with loud complaints, as it related to imports, and they would be equally authorized by taxes by the states on exports. Fourthly, the Southern States, being most in danger and most needing naval protection, could the less complain if the burden should be somewhat heaviest on them. And, finally, we are not providing for the present moment only; and time will equalize the situation of the states in this matter. He was, for these reasons, against the motion.

Mr. WILLIAMSON considered the clause proposed, against taxes on exports, as reasonable and necessary.

Mr. ELLSWORTH was against taxing exports, but thought the prohibition stood in the most proper place, and was against deranging the order reported by the committee.

Mr. WILSON was decidedly against prohibiting general taxes on exports. He dwelt on the injustice and impolicy of leaving New Jersey, Connecticut, &c., any longer subject to the exactions of their commercial neighbors.

Mr. GERRY thought the legislature could not be trusted with such a power. It might ruin the country. It might be exercised partially, raising one and depressing another part of it.

Mr. GOUVERNEUR MORRIS. However the legislative power may be formed, it will, if disposed, be able to ruin the country. He considered the taxing of exports to be in many cases highly politic. Virginia has found her account in taxing tobacco. All countries having peculiar articles tax the exportation of them, as France her wines and brandies. A tax here on lumber would fall on the West Indies, and punish their restrictions on our trade. The same is true of live stock, and, in some degree, of flour. In case of a dearth in the West Indies, we may extort what we please. Taxes on exports are a necessary source of revenue. For a long time the people of America will not have money to pay direct taxes. Seize and sell their effects, and you push them into revolts.

Mr. MERCER was strenuous against giving Congress power to tax exports. Such taxes are impolitic, as encouraging the raising of articles not meant for exportation. The states had now a right, where their situation permitted, to tax both the imports and the exports of their uncommercial neighbors. It was enough for them to sacrifice one half of it. It had been said, the Southern States had most need of naval protection. The reverse was the case. Were it not for promoting the carrying trade of the Northern States, the Southern States could let the trade go into foreign bottoms, where it would not need our protection. Virginia, by taxing her tobacco, had given an advantage to that of Maryland.

Mr. SHERMAN. To examine and compare the states, in relation to imports and exports, will be opening a boundless field. He thought the matter had been adjusted, and that imports were to be subject, and exports not, to be taxed. He thought it wrong to tax exports,

VOL. V.

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37

except it might be such articles as ought not to be exported. The complexity of the business in America would render an equal tax on exports impracticable. The oppression of the uncommercial states was guarded against by the power to regulate trade between the states. As to compelling foreigners, that might be done by regulating trade in general. The government would not be trusted with such a power. Objections are most likely to be excited by considerations relating to taxes and money. A power to tax exports would shipwreck the whole.

Mr. CARROLL was surprised that any objection should be made to an exception of exports from the power of taxation.

It was finally agreed, that the question concerning exports should lie over for the place in which the exception stood in the report, Maryland alone voting against it. 211

Article 7, sect. 1, clause first, was then agreed to, - Mr. Gerry alone answering, no.

The clause for regulating commerce with foreign nations, &c., was agreed to, nem. con.

The several clauses-for coining money for regulating foreign coin for fixing the standard of weights and measures - were agreed to, nem. con.

On the clause, "To establish post-offices,"

Mr. GERRY moved to add, "and post-roads."

Mr. MERCER seconded; and, on the question,

Massachusetts, Delaware, Maryland, Virginia, South Carolina, Georgia, ay, 6; New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, no, 5.

Mr. GOUVERNEUR MORRIS moved to strike out "and emit bills on the credit of the United States." If the United States had credit, such bills would be unnecessary; if they had not, unjust and seless.

Mr. BUTLER seconds the motion.

Mr. MADISON. Will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views; and promissory notes, in that shape, may in some emergencies be best.

Mr. GOUVERNEUR MORRIS. Striking out the words will leave room still for notes of a responsible minister, which will do all the good without the mischief. The moneyed interest will oppose the plan of government, if paper emissions be not prohibited.

Mr. GORHAM was for striking out without inserting any prohibition. If the words stand, they may suggest and lead to the measure. Mr. MASON had doubts on the subject. Congress, he thought, would not have the power, unless it were expressed. Though he had a mortal hatred to paper money, yet, as he could not foresee all emergencies, he was unwilling to tie the hands of the legislature. He observed that the late war could not have been carried on, had such a prohibition existed.

Mr. GORHAM. The power, as far as it will be necessary or safe, is involved in that of borrowing.

Mr. MERCER was a friend to paper money, though, in the present state and temper of America, he should neither propose nor approve of such a measure. He was consequently opposed to a prohibition of it altogether. It will stamp suspicion on the government, to deny it a discretion on this point. It was impolitic, also, to excite the opposition of all those who were friends to paper money. The people of property would be sure to be on the side of the plan, and it was impolitic to purchase their further attachment with the loss of the opposite class of citizens.

Mr. ELLSWORTH thought this a favorable moment to shut and bar the door against paper money. The mischiefs of the various experiments which had been made were now fresh in the public mind, and had excited the disgust of all the respectable part of America. By withholding the power from the new government, more friends of influence would be gained to it than by almost any thing else. Paper money can in no case be necessary. Give the government credit, and other resources will offer. The power may do harm, never good. Mr. RANDOLPH, notwithstanding his antipathy to paper money, could not agree to strike out the words, as he could not foresee all the occasions that might arise.

Mr. WILSON. It will have a most salutary influence on the credit of the United States, to remove the possibility of paper money. This expedient can never succeed whilst its mischiefs are remembered; and, as long as it can be resorted to, it will be a bar to other

resources.

Mr. BUTLER remarked, that paper was a legal tender in no country in Europe. He was urgent for disarming the government of such a power.

Mr. MASON was still averse to tying the hands of the legislature altogether. If there was no example in Europe, as just remarked, it might be observed, on the other side, that there was none in which the government was restrained on this head.

Mr. READ thought the words, if not struck out, would be as alarming as the mark of the beast in Revelation.

Mr. LANGDON had rather reject the whole plan, than retain the three words, "and emit bills."

On the motion for striking out,

New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia,' North Carolina, South Carolina, Georgia, ay, 9; New Jersey, Maryland, no, 2.

The clause for borrowing money was agreed to, nem. con.212
Adjourned.

*This vote in the affirmative by Virginia was occasioned by the acquiescence of Mr. Madison, who became satisfied that striking out the words would not disable the government from the use of public notes, as far as they could be safe and proper; and would only cut off the pretext for a paper currency, and particularly for making the bills a tender, either for public or private debts.

FRIDAY, August 17.

In Convention. Article 7, sect. 1, was resumed.
On the clause, "to appoint a treasurer by ballot,"

Mr. GORHAM moved to insert "joint "before" ballot,” as more convenient, as well as reasonable, than to require the separate concurrence of the Senate.

Mr. PINCKNEY seconds the motion.

Mr. SHERMAN opposed it, as favoring the larger states.

Mr. READ moved to strike out the clause, leaving the appointment of a treasurer, as of other officers, to the executive. The legislature was an improper body for appointments. Those of the state legislatures were a proof of it. The executive, being responsible, would make a good choice.

Mr. MERCER seconds the motion of Mr. Read.

On the motion for inserting the word "joint" before "ballot," New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 7; Connecticut, New Jersey, Maryland, no, 3.

Col. MASON, in opposition to Mr. Read's motion, desired it might be considered to whom the money would belong; if to the people, the legislature, representing the people, ought to appoint the keepers of it.

On striking out the clause, as amended, by inserting "joint,” Pennsylvania, Delaware, Maryland, South Carolina, ay, 4; New Hampshire, Massachusetts, Connecticut, Virginia, North Carolina, Georgia, no, 6. 213

The clause, "to constituté inferior tribunals," was agreed to, nem. con.; as also the clause, "to make rules as to captures on land and

water.

The clause, "to declare the law and punishment of piracies and felonies," &c. &c., being considered,

--

Mr. MADISON moved to strike out "and punishment," &c., after the words "to declare the law."

Mr. MASON doubts the safety of it, considering the strict rule of construction in criminal cases. He doubted also the propriety of taking the power, in all these cases, wholly from the states.

Mr. GOUVERNEUR MORRIS thought it would be necessary to extend the authority farther, so as to provide for the punishment of counterfeiting in general. Bills of exchange, for example, might be forged in one state, and carried into another.

It was suggested, by some other member, that foreign paper might be counterfeited by citizens, and that it might be politic to provide by national authority for the punishment of it.

Mr. RANDOLPH did not conceive that expunging "the punishment" would be a constructive exclusion of the power. He doubted only the efficacy of the word "declare."

Mr. WILSON was in favor of the motion. Strictness was not necessary in giving authority to enact penal laws, though necessary in enacting and expounding them.

On the question for striking out "and punishment," as moved by Mr. Madison, —

Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina. Georgia, ay, 7; New Hampshire, Connecticut, Maryland, no, 3.

Mr. GOUVERNEUR MORRIS moved to strike out "declare the law," and insert "punish" before "piracies;" and on the question,

New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, ay, 7; Connecticut, Virginia, North Carolina, no, 3.

Mr. MADISON and Mr. RANDOLPH moved to insert "define and "before" punish."

Mr. WILSON thought "felonies " sufficiently defined by common law.

Mr. DICKINSON concurred with Mr. Wilson.

Mr. MERCER was in favor of the amendment.

Mr. MADISON. Felony at common law is vague. It is also defective. One defect is supplied by statute of Anne, as to running away with vessels, which at common law was a breach of trust only. Besides, no foreign law should be a standard, further than it is expressly adopted. If the laws of the states were to prevail on this subject, the citizens of different states would be subject to different punishments for the same offence at sea. There would be neither uniformity nor stability in the law. The proper remedy for all these difficulties was, to vest the power, proposed by the term "define," in the national legislature.

Mr. GOUVERNEUR MORRIS would prefer "designate" to "define," the latter being, as he conceived, limited to the preëxisting meaning.

It was said by others to be applicable to the creating of offences also, and therefore suited the case both of felonies and piracies. The motion of Mr. Madison and Mr. Randolph was agreed to. Mr. ELLSWORTH enlarged the motion, so as to read,

"To define and punish piracies and felonies committed on the high seas, counterfeiting the securities and current coin of the United States, and offences against the laws of nations,"

which was agreed to, nem. con.

The clause," to subdue a rebellion in any state, on the application of its legislature," was next considered.

Mr. PINCKNEY moved to strike out "on the application of its legislature."

Mr. GOUVERNEUR MORRIS seconds.

Mr. L. MARTIN opposed it, as giving a dangerous and unnecessary power. The consent of the state ought to precede the introduction of any extraneous force whatever.

Mr. MERCER supported the opposition of Mr. Martin.

Mr. ELLSWORTH proposed to add, after "legislature," "or executive."